yet it hath pleased Almighty God to be so propitious to us that our numbers are much increased, our trade abundantly greater, & state & condition of ye people in general much more advanced in wealth, & thereby better enabled to pay y' future taxes. [P. 55.] Tho' it was his Majesties pleasure to appoint ye first Councill out of each town in ye Prov: it was wthout doubt because yre was then in those towns men of greatest abilities & best qualifications; but ever since the town of Portsmo has been most flourishing, y seat of almost all ye Gent" of the Province, the metropolis of the Governin', it has been his Majesties pleasure to have his Councill chiefly of them, inasmuch as they were Genta of the best quality & greatest ability to serve ye Governm' in that station.* And we find in his Majesties instructions to his Excellency it is directed that all Councillors shall be inhabitants of the Prov: wthout respect or limitation to any particular town; and it must be acknowledged to be the prerogative of the Crown to nominate and appoint his Councill, and owned most convenient and conducive to the publick good to have ye majority near ye seat of Governm especially in cases of emergencies; besides, one of ye late appointed Council was of Hampton; and why he did not serve is not owing to ye Governmt, but his own refusal: and whereas it is asserted a greivance yt some of the experienced, just and good men are laid aside, & these lately appointed by the King has been ye occasion of Great differences & animosities, weh they threaten may produce farther inconveniencys, if not timely pervented, is very strange & untrue, for we know there hath been no such divisions occasioned y'by, and the Gent" dismist are two of them very aged, a third not living in the governm', & ye other two for reasons given, not thought proper p'sons; tho' one of them of superior abilites on all other accounts; & since it has been the King's pleasure to make this alteration, it is flying in his face to call it a grievance, & thus threatening with divisions, animosities and worse inconveniences. We are of opinion nothing less than strange resolutions may justly be expected, especially when we have so lately seen ye chair so much affronted. Whereas they are pleased to reflect so invectively on those members of the Councill lately appointed, who for many years served ye public in the Assembly to very good acceptance, & did constantly study & endeavour ye benefitt & ease of ye people, and proposed & prosecuted all means & methods that tended to y advancem of ye Prov: & never opposed an act of Impost but when they could not obtain an act of Export, wch is ye practice of Great Britain, ye Govt assuring us yt he himself payed twenty six pounds sterling for ye export of his own goods, they being y manufactures of England, & now were willing to come into an Impost, if ye representatives would have concurred with ye vote of ye Councill for an Export; and tho' they are represented now not qualified, as being some of them merch's & traders, yet they did, while membs of the lower House, pay full proportions to all publick taxes, double ye sum paid by any of ye p'sent representatives, having as good and better Estates in lands and land securities *Italics by the Editor. than any now in sa house, & not so inferiour to yo Gent" they p'tend are laid aside; & accordingly assisted in defraying all publick charges, as well as the settlem' on ye late Govt, wch was constantly paid out of ye treasury, as all other charges of ye Gov ernmt. [P. 56.] As for ye grievance in respect of ye Courts, the first Act concerning them in ye Province settled them all at Portsmo, being most convenient & accommodable for ye whole Province in all respects. And as for ye reflection on your Excellency for appointing the present Judges, there has been none laid aside; & ye vacancy only filled up by p'sons of Portsmouth, in lieu of others that were of s town, which was never accounted a grievance untill now; and notwithstanding all these suggestions, insinuations and groundless grievances, we doubt not but yo' Excellency will so represent the affairs of this Province, as that we may continue to rejoice in the royal favour, under your Excellency's inild & just administrations. In Councill. Read & voted to be sent down & read in ye house of Representatives, Jan. 28, 1716-7. R. Waldron, Cler. Coun. His Excellency the Governour asked the board whether or no the sending a messenger from ye house of representatives to the Councill board to ask upon wt head it was that they were to confer, when he sent for them to come to a conference, was not an affront to ye chair? Ye Council answer it was. Then ye GovTM proposed the dissolving of ye Assembly, wch the Councill advised to do, &c. Geo. Jeffrey & Rich. Wibird, Esq., were sent down to the House of representatives to require their attendance at ye Councill board. They came accordingly; where his Excellency the Governour was pleased to pronounce them dissolved, and accordingly in his Majesties name they were dissolved. So farr gone to England. [P. 57.] Pro. N. Hamp". At a Gen' Assembly, held at Portsm Present In Councill, His Excellency Sam' Shute, Esq., Governour, His Hon' Geo: Vaughan, Esq., Lt. Governour, The Clerk of ye Councill laid the sheriff's return of the Representatives of the several towns of the Province before this board, whose names are as follows: Col. Thos Packer, Capt. John Gillman, ? Exeter. Portsm°. Lt. John Gillman, S Capt. Jotham Odiorne, N. Castle. Hampt. Capt. Hugh Reed, The sheriff was sent down to ye House of Representatives to call them to this board, who came accordingly, where were administered to them ye oaths, instead of ye oaths of allegiance and supremacy, as also the oath of abjuration, wch they subscribed, &c. Then his Excellency ordered them to wthdraw to chuse y Speak & p'sent him at three o'clock afternoon, at weh time he should be again p'sent in Councill. Adjourned to 3 o'clock, P. M. Pro: N. Hamp'. Met again according to adjornm'. Present in Councill, as before. The Clerk was sent down to ye house of representatives to inquire whether they had chosen their Speak', and if so, to command their attendance at ye Councill board to present him: they came accordingly and presented Col. Thom3 Packer their Speak', who was well accepted: After which his Excellency made the following speech. Gent., I have been informed that this Province has been very remarkable for its unanimity & concord, & I hope it will never do any thing to forfeit ye beautiful character: [P. 58.] you, Gent”, are its representatives, whose good example will highly influence ye whole community. Therefore recommend to you, ye laying aside all animosities and disputes that may tend to the blowing up ye coals of dissention among us, which always carry win them most fatal consequences; and hope y' every body will have their thoughts entirely bent upon what will make them dutifull to their King & serviceable to their country, by thinking wt new measures may be taken to promote the true interest of this Province. By these methods the affairs of this session will meet with dispatch, and every body will return home to their respective towns in good humour, we will tend very much to your honour and reputation, and give me great pleasure and satisfaction. I shall conclude by again assuring you yt I myself have nothing so much in view nor any thing more at heart, than to see you a flourishing and prosperous people. SAML. SHUTE. Adjourned to 9 o'clock tomorrow, A. M. Pro: N. Hamp'. At a General Assembly held at Portsm by adjournm', May ye 14th, 1717. Present, in Councill, His Excellency, Sam' Shute, Esq., Gov', His Hon' George Vaughan, Esq., Lt. Gov', Sam' Penhallow, Esq., laid a letter before this board wch he had received from Mr. Newman, bearing date Feb. 23, 1716-7, for the encouragem of raising Naval stores in this Goverm', wch being read, the same was sent down to the house of representatives by Sam Penhallow and Mark Hunking, Esqs., to be recommended to their consideration. Adjorn to 3 o'clock, P. M. [P. 59.] Pro: N. Hamp". Mett again according to adjourn'. Capt. Matthews, of ye Parish of Oyster river, in Dover, p'ferred a petition to this board ab nuling [annulling?] a vote of the Gen Assembly relating to that Parish, wch Petition was read. Adjorned to tomorrow, 10 o'clock, A. M. 1 Pro: N. Hamp❜. At a Gen' Assembly held at Portsm by adjornm', May 15th, 1717. Present in Councill, His Excellency Sam. Shute, Esq., Gov', Sam' Penhallow, Mark Hunking, Juo. Wentworth, Geo. Jeffrey, Esqs. Rich Wibird, Esqs. Rich Gerrish, Elisha Cook, of Boston,* Esq., appeared at this board and prayed that (whereas himself was a creditor to ye estate of Sr. Charles Hobby, deceased, and had made application in Jan last to have letters of administration weh was suspended for a time) that he might now have administration on s estate: whereupon ye clerk was sent down to ye house of representatives wth a vote for suspending that affair two months longer; also, wth a vote for a committee to supervise ye laws of this Prov: not yet printed in order to their being so. Benja Gambling, Esq., having received a commission for sheriff, and Mr. Rich Waldron, jun., for Clerk of ye Councill, they both took the oaths instead of the oaths of allegiance & supremacy, and the abjuration oath, and the sheriff the office oath. Mr. Rich Gerrish, jun', was this day in Council appointed Clerk of the Inferiour Court of Common Pleas. The Petition that was yesterday p'ferred by Capt. Matthews being read a second time, it was in Council voted, That Capt. Nath Hill and Capt. Stephen Jones be notifyed of sd petition; also, to give their attendance at ye Councill board on Fryday next, to shew cause why the pray in said Petition may not be granted. The Clerk of the Councill was sent down to the representatives wyth a vote for notifying Capt. Hill & Capt. Jones to attend at y* Councill board on Fryday next, 10 o'clock, &c., also a vote for a Committee of Auditt. [P. 60.] Mr. Dam brought up the following votes of concurrence to this board. In Councill. Whereas Mess's Oliver Noyes and Elisha Cook, of Boston, did in Jany last make application to ye Judge of Probate for letters of administration on ye estate of Charles Hobby, deceased, as they were creditors to said estate; and whereas the s Judge of Pro Elisha Cooke, of Boston, was an open opposer of Gov. Shute through the whole of his administration. He was a man of ability, of plausible manners, and of much influence in Mass.-See Hutchinson, Vol. II, pp. 200, 211, 273, 288. Bost. 1795. |